Call v. Ruffin
Court of Appeals of Virginia
This was an action of debt, brought for the benefit of Samuel Peniston, on a guardian’s bond; the declaration stated, that Thomas Morgan was appointed guardian, that the defendant and Thomas Woodlief were his securities; that Morgan was dead, intestate, without leaving any estate whatsoever, and assigned breaches of the condition of the bond, which was in the following words: “ The condition of the above obligation is such, that if the above bound Thomas Morgan, his heirs,…
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This was an action of debt, brought for the benefit of Samuel Peniston, on a guardian’s bond; the declaration stated, that Thomas Morgan was appointed guardian, that the defendant and Thomas Woodlief were his securities; that Morgan was dead, intestate, without leaving any estate whatsoever, and assigned breaches of the condition of the bond, which was in the following words: “ The condition of the above obligation is such, that if the above bound Thomas Morgan, his heirs, executors and administrators, shall well and truly pay, and deliver or cause to he paid and delivered unto Samuel and…
1Opinion of the Court
PENDLETON, President.
I understood the Special Court, in the case of Claiborne’s ex’rs. v. The Spottsylvania Justices, to decide, that before a suit could be brought against the security to an administration bond, it • was necessary for the plaintiff, in the first place, to convict the executor or administrator, by an actual suit previously brought against him, of having committed a devastavit. But, that decision is founded upon principles of law, which only apply to the case of executors and administrators; and, therefore, it has no influence in the present case; which is an action on a…
2Cited by21 opinions
- Pratt v. WrightSupreme Court of Virginia · 1856
- Barnum v. Frost's Adm'rSupreme Court of Virginia · 1867
- Barnum v. Frost's Adm'rSupreme Court of Virginia · 1867
- Barnum v. Frost's Adm'rSupreme Court of Virginia · 1867
- Catlett v. Carter's ExecutorsSupreme Court of Virginia · 1811
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